Sec. 4. Establishment of Reconciliation Board
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The Secretary of State shall establish an independent Reconciliation Board (in this section referred to as the Board ) to review the cases of employees of the Department of State identified pursuant to section 3(a), as well as employees of the Department who suffered discrimination as a consequence of the Lavender Scare, and correct the records of such terminated employees. The Board shall be composed of the following: A Chair, as selected by the Secretary of State. The Director General of the Foreign Service.
The Director of Human Resources of the Department of State. The Director of the Office of the Historian of the Department. The Director of the Office of Civil Rights of the Department. An individual to represent the current employees of the Department who are members of the LGBTQ community. Other individuals, as determined by the Secretary of State. The Secretary of State shall assign additional employees of the Department of State to serve as staff to support the activities of the Board.
The Board shall— consistent with applicable privacy regulations, contact all individuals whose employment with the Department of State was terminated as a result of their sexual orientation, whether real or perceived, as a consequence of the Lavender Scare or, in the case of deceased former employees, the appropriate family members of such employees, to inform such employees or family members that the termination of such employees has been determined to be inappropriate and that, if desired, the employment records of such employees can be changed to reflect such determination; receive oral testimony and written evidence of any Department employees or appropriate family members of deceased employees identified in the report required under section 3 in order that such testimony and evidence may serve as an official record of such actions and the impact of such actions on the lives of United States citizens serving their Nation; and provide an opportunity for any former Department employee not identified in such report, or their appropriate family member, to petition the Board to identify additional individuals whose employment was terminated or who suffered discrimination as a result of their sexual orientation, whether real or perceived, as a consequence of the Lavender Scare.
Not later than 150 days after receiving a petition under subsection (d)(3), the Board shall— review such petition; and in accordance with paragraph (2), make a determination regarding whether the employment termination of the individual who is the subject of such petition was a result of their sexual orientation, whether real or perceived, as a consequence of the Lavender Scare. In making determinations under paragraph (1)(B), the Board shall consider all testimony and evidence under subsection
(d)and any pertinent information under paragraph (3). In response to a petition under subsection (d)(3), the Secretary of State shall produce pertinent information to rebut an assertion contained in such petition that an employee of the Department was terminated as a consequence of the Lavender Scare. The Secretary of State shall adjust all employee records for individuals whose employment was terminated as a result of their sexual orientation, whether real or perceived, as a consequence of the Lavender Scare, based on the report under section 3(a) and the Board’s determinations made pursuant to subsection (e)(1)(B), to reflect the inappropriate nature of such terminations. The Board shall terminate on the date that is five years after the date of the establishment of the Board. In this section, the term appropriate family member means any spouse, descendent, parent, grandparent, sibling, legal guardian, or partner as determined by the Board, and the descendants of any such partner.